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§ 523(a)(15)

Northcott v. Northcott (In re Northcott)

Aug
08
2006
Ruling
Marital debt was dischargeable as benefit to debtor outweighed detriment to former spouse and children.
Procedural posture

Plaintiff, the former spouse of defendant bankruptcy debtor, brought an adversary proceeding against the debtor, seeking a determination that marital debt for which the debtor was responsible under the parties' divorce decree was not dischargeable pursuant to 11 U.S.C. § 523(a)(15). The bankruptcy court conducted an evidentiary hearing.

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opinion summary, case decided on August 08, 2006 , LexisNexis #1006-019
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Schoppe v. Schoppe (In re Schoppe)

Aug
02
2006
Ruling
Debtor's share of marital debt pursuant to divorce decree was excepted from discharge as detriment to former spouse outweighed benefit of discharge to debtor.
Procedural posture

Plaintiff former husband sought a determination that debts owed by defendant debtor were nondischargeable pursuant to 11 U.S.C. § 523(a)(15).

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opinion summary, case decided on August 02, 2006 , LexisNexis #1106-029
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DeJong v. Verschuure (In re Verschuure)

May
31
2006
Ruling
Debts were deemed nondischargeable since they were incurred in course of marriage dissolution and debtor was capable of paying obligation.
Procedural posture

Plaintiff, the former spouse of defendant debtor, filed an adversary proceeding against the debtor seeking a determination that certain debts were nondischargeable pursuant to 11 U.S.C. § 523(a)(15). The debtor asserted that the debts were not incurred in the course of a dissolution of marriage.

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opinion summary, case decided on May 31, 2006 , LexisNexis #0606-127
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Warner Mayoue Bates & Nolen P.C. v. Cook (In re Cook)

Mar
17
2006
Ruling
Law firm owed fees for representating debtor in divorce proceeding lacked standing to assert nondischargeability claim under section 523(a)(15).
Procedural posture

Plaintiff law firm brought an adversary proceeding against defendant bankruptcy debtor, alleging that the debtor owed fees for the firm's representation of the debtor in her subsequently dismissed divorce proceedings, and that the debt was nondischargeable under 11 U.S.C. § 523(a)(15). The debtor moved for summary judgment on the ground that the firm lacked standing to pursue nondischargeability under section 523(a)(15).

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opinion summary, case decided on March 17, 2006 , LexisNexis #0806-027
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Simpson v. Simpson (In re Simpson)

Jan
24
2006
Ruling
Deficiency obligation was nondischargeable, and the debtor was ordered to make small payments since the debtor had assumed the debt pursuant to a prepetition divorce and the payments would not materially lower the debtor's standard of living below that of the former husband.
Procedural posture

Plaintiff former husband filed an adversary proceeding against defendant debtor, the former wife, to challenge the dischargeability of a debt for a vehicle, pursuant to 11 U.S.C. § 523(a)(15). The obligation for the debt incurred to purchase the vehicle had been assigned to the debtor as part of the prepetition divorce proceeding.

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opinion summary, case decided on January 24, 2006 , LexisNexis #0206-040
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Randle v. Highfill (In re Highfill)

Jan
23
2006
Ruling
Portion of debt owed to spouse was deemed nondischargeable since the debtor could pay about half of the debt and the debtor's continued use of an equity line of creditor for which the spouse was still obligated demonstrated bad faith.
Procedural posture

Plaintiff creditor, the spouse of defendant bankruptcy debtor, brought an adversary proceeding seeking nondischargeability of marital debts the debtor agreed to pay in the parties'separation agreement, pursuant to 11 U.S.C. § 523(a)(5) and (15). The bankruptcy court conducted a trial.

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opinion summary, case decided on January 23, 2006 , LexisNexis #0206-041
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Messenger v. Messenger (In re Messenger)

Jul
08
2005
Ruling
Debtor's assumption of marital credit card debt was deemed nondischargeable.
Procedural posture

Plaintiff ex-wife brought a complaint pursuant to 11 U.S.C. § 523(a)(15) to determine the dischargeability of a marital debt assumed by defendant debtor.

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opinion summary, case decided on July 08, 2005 , LexisNexis #0106-089
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